Harris County prosecutors see increase in choking charges

Harris County prosecutors have seen an uptick in recent weeks in the number of felony charges against those who choke victims during an attacks, several years after state lawmakers passed a law to stiffen penalties for the offense.

An alleged Houston gang member Fernando Morales, 28, is one of at least 10 people this week charged in the Harris County District Court with assault of a family member, impeding breathing. In each of the cases, the victim is usually either a girlfriend or family member that is strangled during an argument or attack. Before a law was passed in 2009, law enforcement officials said it was difficult to put the offenders in jail for such actions.

In September of 2009, penalties for assaulting a family member by choking or impeding breathing became more severe, raising the offense level to a third degree felony. In the first six months of this year, there have been approximately 40 percent more cases filed under this statute than in the same time period last year, said Donna Hawkins a spokeswoman for the Harris County District Attorney’s office.

“As people become more aware of the dangers of cutting off a person’s air supply, it is more likely that victims will report this offense, police will arrest defendants, and prosecutors will file these charges,” Hawkins said.

Morales is charged for allegedly choked his then live-in girlfriend that he had been dating for about six months on June 15, a charging document states. The two had an argument that escalated after he lunged at her, grabbed her neck and began squeezing it forcibly between his hands, the document states. He also hit her in the nose with his arm. The alleged victim later took pictures of her injuries, including the large bruise over the center of her neck. Police believe Morales is a member of the Houstone/Tango Blast gang. He has previously been convicted but has not yet been arrested.

In 2009, a bill sponsored by Rep. Pete Gallego, D-Alpine, became law. It made a choking an assault a third-degree felony if it included strangulation or suffocation against someone the suspect had been dating or someone in the suspect’s family and a second-degree felony for a second offense.

Proponents of the bill argued that strangling in domestic violence cases was not taken being taken seriously or punished harshly enough. The offense previously was charged as a form of assault, which can be a Class A misdemeanor and does not require a minimum jail time.

Besides Morales, other people charged this week include:

William Barret Gailey, 38, from La Porte. He was arrested June 25 by the La Porte Police Department and is being held with no bond. He allegedly cut off his girlfriend’s breathing temporarily while applying pressure to her throat, according to a charging document.

Maurice DeLeon Roberts, 39, from Baytown. He’s accused of choking his girlfriend on June 17 after she confronted him about a text message that he received from another girl. The two got into an argument, which escalated into an attack, a charging document states. He is in custody.

Russell Clayton Jefferies, 25 from Baytown. He is accused of choking his girlfriend on June 24, according to a criminal complaint. He is in custody without a bond.

Filimon Tolentino, 38. He was arrested on June 25 for allegedly choking his girlfriend, according to a charging document. He was arrested and remains in custody without bond.

Leonard Earl Jones, 41. He allegedly placed his hands around his girlfriend’s neck and choked her during an argument on June 4, according to a charging document. He also banged her head to the ground about seven times. He has not yet been arrested.

Jose Pablo Tapia, 44. He allegedly choked a member of his family on June 24, a charging document states. He is also charged with altering a social security card. He is in custody, held without bond.

Kenneth Dale Morris, 39. He was arrested on June 25 for choking a male member of his family, a charging document states.

Ulises Delgado, 19. His girlfriend of one month told investigators that he knocked her to the ground, jumped on top of her and began to choke her, a document states. He has not been arrested.

Javonta Desean Hooper, 18. He was arrested on June 24 for choking a girlfriend, a charging document states.